Bogie v. Town of Waupun
Wisconsin Supreme Court
. APPEAL from the Circuit Court for Fond du ZaoGomiij. This action was brought to recover damages for personal injuries suffered by the plaintiff, charged to have- been caused by the insufficiency and want of repair of what is termed in the complaint “a temporary winter road”' in the defendant town.
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. APPEAL from the Circuit Court for Fond du ZaoGomiij. This action was brought to recover damages for personal injuries suffered by the plaintiff, charged to have- been caused by the insufficiency and want of repair of what is termed in the complaint “a temporary winter road”' in the defendant town. The complaint alleges that on March 15, 1888, and for more than five weeks immediately prior to that time, a certain, highway in the defendant town was blockaded and rendered impassable for a distance ©>f about, ninety-eight rods by reason of snow which had! accumulated therein-and which was…
1Opinion of the CourtLyon, J.
The statute under which this action was brought (sec.. 1339, R. S.) is as follow's: “If any damage shall happen to any person, his team, carriage, or other property, by reason of the insufficiency or want of repairs of any bridge, sluiceway, or road in any town, city, or village, the person sustaining such damage shall have a right to sue for and recover the same against any such town, city, or village.” Unquestionably, the word “road,” as here employed, means a public highway.; and the insufficiency or want of repair thereof, which is the foundation of an action under the statute, must be…
2Cases cited1 opinion
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
3Cited by2 opinions
- Barber Asphalt Paving Co. v. Headley Good Roads Co.District Court, D. Delaware · 1922
- Curtiss v. Town of BovinaWisconsin Supreme Court · 1909